Hica Education Loan v. James C. Adams

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

STATUS (PRETRIAL SCHEDULING) ORDER

READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES THAT THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND PARTIES MUST COMPLY.*fn1 FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR AN ORDER OF JUDGMENT.

On February 2, 2012, the case was before the undersigned for a status (pretrial scheduling) conference. Attorney Leland Moglen, who is not counsel of record in this case, "specially" appeared on plaintiff's behalf. Defendant, who is proceeding without counsel, appeared and represented himself. In consideration of the Joint Initial Status Report filed on January 13, 2012 (Dkt. No. 8), the court enters the following scheduling order:

NATURE OF CASE

This action concerns plaintiff's attempt to collect alleged unpaid principal, interest, and late charges in connection with several student loans made to defendant.

SERVICE OF PROCESS

Service of process is undisputed, and defendant has filed an answer to plaintiff's complaint (Dkt. No. 6.)

JOINDER OF PARTIES/AMENDMENTS

No further joinder of parties or amendments to pleadings will be permitted except with leave of court and upon a showing of good cause.

JURISDICTION/VENUE

Jurisdiction is undisputed by the parties, and the parties' status
report asserts that subject matter jurisdiction is premised on the
diversity of the parties. 28 U.S.C. § 1332(a). However, upon review of
the complaint, and particularly paragraphs 5 and 11, the court cannot
conclude that the amount in controversy exceeds $75,000.*fn2
Accordingly, the undersigned will order plaintiff, by
separate order, to promptly file a statement of damages substantiating
that the amount in controversy exceeds $75,000, or stating some other
basis for this court's jurisdiction. The remainder of this scheduling
order assumes proper subject matter jurisdiction.

Assuming proper subject matter jurisdiction, the parties do not contest venue in this district, and venue in this district is found to be proper. See 28 U.S.C. § 1391(b)(1).

MOTION HEARING SCHEDULES

All law and motion, except as to discovery-related matters, shall be completed by June 28, 2012. The word "completed" in this context means that all law and motion matters must be heard by the above date. Counsel (and/or pro se parties)*fn3 are cautioned to refer to the Local Rules regarding the requirements for noticing such motions on the court's regularly scheduled law and motion calendar. This paragraph does not preclude motions for continuances, temporary restraining orders or other ...

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